Item 6I CITY OF
SOUTHLAKE Item 6I
MEMORANDUM
(October 20, 2015)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1128, 2nd Reading, Adopt ordinance to
abandon a portion of a permanent 15-foot sanitary sewer
easement in Silver Ridge Addition Phase III
Action
Requested: Ordinance No. 1128, 2nd Reading, Adopt ordinance to abandon a
portion of a permanent 15-foot public sanitary sewer easement as
recorded in instrument D215083782 of the Deed Records of
Tarrant County, Texas, situated in the Thomas Mann Survey,
Abstract No. 1049, in the City of Southlake, Tarrant County, Texas
and being more particularly described as Silver Ridge Addition
Phase III. (PUBLIC HEARING)
Background
Information: Vision Southlake Development, L.L.C., the developer of the Silver
Ridge Addition has requested the abandonment of a portion of an
existing permanent sanitary sewer easement that will encroach into
a building footprint. The permanent sanitary sewer easement to be
abandoned is on property described as a tract of land deeded to
Vision Southlake Development, L.L.C. as recorded in Instrument
No. D215083782 of Deed Records of Tarrant County, Texas. The
sanitary sewer easement was established with the platting of Silver
Ridge Phase III. The building plans for this particular pad site, Lot
3, are slightly different than the building footprint shown on the site
plan. The building will still be served by the sewer line occupying
the remainder of the easement. A portion of the permanent
sanitary sewer easement must be abandoned so that there are no
clouds on the land title during future property transactions.
Approved 1 st reading October 6, 2015.
Financial
Considerations: The filing fee for recording the Quit Claim Deed in Tarrant County
records will be the only cost associated with the abandonment of
the easement.
Strategic Link: The easement abandonment links to the City's strategy map
relative to Corporate Focus Area of Quality Development.
Citizen Input/
Board Review: None
Legal
Review: The ordinance has been reviewed by the City Attorney's office.
Alternatives: The City Council may approve Ordinance No. 1128 or deny it.
Staff
Recommendation: Staff recommends approval of Ordinance No. 1128, 2nd Reading,
Adopt ordinance to abandon a portion of a permanent 15-foot
public sanitary sewer easement as recorded in instrument
D215083782 of the Deed Records of Tarrant County, Texas,
situated in the Thomas Mann Survey, Abstract No. 1049, in the City
of Southlake, Tarrant County, Texas and being more particularly
described as Silver Ridge Addition Phase III. (Approved 1 st reading
October 6, 2015.)
Supporting
Documents: Location Map
Document Instrument No. D215083782
Ordinance No. 1128
Quitclaim Deed
Staff
Contact: Robert H. Price, P.E., Public Works Director
Steven D. Anderson, P.E., CFM, Civil Engineer
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Ordinance No. 1128
ORDINANCE NO. 1128
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY
GRANTED TO THE CITY BY VISION SOUTHLAKE
DEVELOPMENT, LLC, WHICH EASEMENT IS FILED AS
INSTRUMENT NO. D215083782 AND RECORDED IN THE DEED
RECORDS OF TARRANT; DECLARING THAT SUCH EASEMENT
IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING
THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING
AND ASSIGNING THIS EASEMENT TO THE OWNERS OF THE
FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, on or about April 24, 2015, Vision Southlake Development, LLC,
granted a permanent sanitary sewer easement("the easement") to the City, which easement
is filed of record as Instrument No. D215083782 and recorded at The Deed Records Of
Tarrant County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that a portion of the easement is not being used by, nor
useful or convenient to the public in general, and that the public would be better served and
benefited by its vacation and abandonment; and
WHEREAS, in order to remove any question as to the continued interest in
the easement, the City desires to execute a quitclaim deed releasing and assigning
all title and control in said easement to the owners of the fee estate on which the easement
is located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE,TEXAS:
SECTION 1
The City Council finds that a portion of the permanent sanitary sewer easement
granted to the City on or about April 24, 2015 by Vision Southlake Development,
LLC,which easement is filed of record as Instrument No. D215083782 and recorded at The
Deed Records of Tarrant County, Texas, and which is described in the attached Exhibit A
and shown on the attached Exhibit B, is not being used by, nor useful or convenient to the
public in general and that the public would be better served and benefited by the vacation
and abandon of a portion of the easement.
1
Ordinance No. 1128
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute a quitclaim deed to the above-described easement to the current owner of the
fee estate on which the easement is located, specifically, Vision Southlake
Development, LLC.
SECTION 3
After the quitclaim deed is executed, the City Secretary is authorized and instructed
to file it in the deed records of Tarrant County, Texas.
SECTION 4
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5
This Ordinance shall be in full force and effect from and its passage, and it so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 6TH DAY OF
OCTOBER,2015.
THE HONORABLE LAURA HILL,MAYOR
ATTEST:
CITY SECRETARY
2
Ordinance No. 1128
PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF
OCTOBER , 2015.
THE HONORABLE LAURA HILL,MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
3
LEGAL DESCRIPTION
0.002 ACRES
Being all that certain lot, tract or parcel of land situated in the Thomas Mann Survey,Abstract Number
1049, City of Southlake,Tarrant County,Texas, and being a portion of Lot 3,Silver Ridge Addition, Phase
III, an addition to the City of Southlake, Tarrant County,Texas, according to the plat thereof recorded in
Document Number D215083782 of the Plat Records of Tarrant County,Texas, and being more
particularly described as follows:
COMMENCING at a "+"found in concrete at the northeast corner of Lot 7 of said Silver Ridge Addition,
Phase III, being the northwest corner of Lot 6, of said Silver Ridge Addition, Phase III and being on the
south line of said Lot 3,from which a "+" found in concrete at the southeast corner thereof and being
the northeast corner of said Lot 6 bears S 89°53'40" E, 97.24 feet;
THENCE N 89053'40" W, 2.99 feet with the north line of said Lot 7 and the south line of said Lot 3 to the
east line of a 15' public sanitary sewer easement dedicated with said Silver Ridge Addition, Phase III;
THENCE N 00'06'20" E,46.54 feet with the east line of said 15' public sanitary sewer easement to the
POINT OF BEGINNING;
THENCE N 8953'40" W, 15.00 feet to the west line of said 15' public sanitary sewer easement;
THENCE N 00°06'20" E,7.00 feet with the west line of said 15' public sanitary sewer easement to the
northernmost northwest corner thereof,
THENCE S 89°53'40" E, 15.00 feet to the north line of said 15' public sanitary sewer easement to the
northernmost northeast corner thereof,
THENCE S 00°06'20" W, 7.00 feet with the east line of said 15' public sanitary sewer easement to the
POINT OF BEGINNING and containing approximately 0.002 acres of land.
.1 49 7
AD
. ;A...58
S 89053'40" E
15.00'
o S 00006'20" W
C'Q aFNN
15' Public SSE 7 00'
� 4o be Abandoned
e 0.002 Ac.
� Lot 3
89-53'40- W Jz;UP.O Silver Ridge Addition
15.00 B• Phase III
D215083782
15' Public WLE
D215083782
15' Public SSE
D215083782580 •P
pF$SS t'.
26' PAE �S�jRV�``
11215083782
N 89'53'40' W
2.99'
S 8915340'E 97.24' +"Fnd.
Fnd.— —
Lot 7 , oG• Lot 6
10' EE
D215083782 15' PUBLIC SANITARY SEWER
- - _ EASEMENT ABANDONMENT
Lot 3
NOTES: I Silver Ridge Additior% Phase III
1. Bearings based on plat. 0.002 Acres
in the
- 2. Surveyor has made no investigation or independent search for THOMAS MANN SURVEY, ABSTRACT NO. 149
easements of record, encumbrances, restrictive covenants, ownership CITY SOUTHLAKE
N title evidence, or any other facts that an accurate abstract of title
may disclose. TARRANT COUNTY, TEXAS
L E G E N D
€ SrMPLAbU4NG QVIC.S43MRIM PLATTING
Na RF = REBAR FOUND CONSULTANTS,.�� CRS = CAPPED REBAR SET . 4 l� VJ.r tfl\1�7,J.it.
CRF = CAPPED REBAR FOUND >urroaTRveYnaa LANascapEAactarecnti�e
P.D.B. = POINT OF BEGINNING 0
G&A — G&A CONSULTANTS, LLC. 111PIBsl6e0n—l- isviM.TX75057•P'.972.436.9712•F:972.435,B715
I EE = ELECTRIC EASEMENT 44 OldT.—BhItN«m,si.2-Agye,TX75226-r:94C.MO.1012•F:940240.1026
WLE = WATER LINE EASEMENT TUPE Fim No.1798 T9PLS Rm No.10047700
SSE = SANITARY SEWER EASEMENT DRAWN BY: CC DATE: 8/19/15 SCALE:1"=10' JOB. N0.
PAE = PUBLIC ACCESS EASEMENT 13107R
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that a portion of an existing permanent sanitary
sewer easement granted to the City by Vision Southlake Development,LLC, filed with the County
Clerk of Tarrant County, Texas as Document No. D215083782, and recorded in the deed records of
Tarrant County,Texas, is not being used by, nor useful or convenient to the public in general, and
therefore constitutes a public charge without a corresponding public benefit, and the public
would be better served and benefited by its vacation and abandonment.
Therefore, for and in consideration of the above findings and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City of
Southlake, Grantor, does hereby assign and convey and forever quitclaim unto the current owner
of the fee estate on which such easement is located, specifically, Vision Southlake Development,
LLC, Grantee, and its successors or assigns, all of the City's right title, and interest, if any, in and
to the real property described in the attached Exhibit A and shown on the attached Exhibit B.
In accordance with governing law, the undersigned has been authorized to execute this
conveyance by Ordinance No. 1128, passed by the City Council of the City of Southlake on
, a copy of which ordinance is attached hereto as Exhibit C and
incorporated herein by reference.
This deed shall convey any right, title and interest, if any, owned by Grantor in and to the
above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall
have and hold such property conveyed, if any, forever, and so that neither Grantor nor Grantor's
successors or assigns shall have, claim or demand any right or title to the aforesaid property,
premises or appurtenances or any part thereof.
Executed this the day of , 2015.
CITY OF SOUTHLAKE, Grantor
By:
The Honorable Laura Hill,Mayor
ATTEST:
Lori Payne, City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Laura Hill,
Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2015.
Notary Public in and for the State of Texas
My Commission expires:
After filing please return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092